Traveling/ working in malta with Aliens Passport?

Markus83 wrote:

I live in FInland and I have Aliens Passport from Finland I will get my  Finnish citizenship in 3-4 months, I got a job offer from a Maltese company. I can travel to Schengen area without visa but do i need work permit to work in Malta?

If your not an eu citizen or married to an eu citizen then you will need a work permit

and i think your employer needs to apply for that for you.

Yes, you will need a work permit.

Dear Ricky and Robpw2,

Need your guidance on the following queries.

I have been working at a senior managerial position in a Company located in one of the Caribbean country. Our company has a subsidiary company in Malta (having more than 30 employees in Malta all Maltese). For the day to day operations, both the companies are dependents on each other and I am actively involved in dealing queries from both the offices on daily / routine basis. Due to the timing difference of 5 hours (Malta is 5 hours ahead of us), my Company want me to move to Malta to have a better operational efficiency.

Can someone please help me with the following queries:

1) Me, my wife and my kids (age 7 and 3) are third country nationals (TCN). My company is applying for my work permit in the coming weeks. Can they apply for the residence permit for my wife and kids as well at the same time? Or my family will have to wait for 1 or 2 years to join me?

2) I understand that it takes few months to get the work permit and residence permit. However, once my Company has applied for my work and residence permit , can I come to Malta (with my family) on visit visa and work in Malta before I get the work and residence permit?

Please note that the reality is I am already working for two offices (one is Malta) though I am located in another country. If my work permit will be refused then the possibility is that I will continue to work from the same office or may be to relocated to Turkey (we have a small office there as well).

1) Your company should apply for the residence permit for your whole family at the same time.

2)Without a work permit you can visit Malta as a tourist but you are not allowed to work . Where you to get caught working or if somebody reported you  the consequences would be serious.

In a case like your's the company can put some clout behind the application so it should not take too long !

Cheers
Ricky

Ricky, Thanks for your response. Really appreciate your help. Can you please also respond to the following queries:

Regarding your response to # 1, do you know if there is any restrictions in the law that can prevent my company to apply for my family at the same time? Any idea what are chances that I will get the residence permit for my family easily?

Regarding your response to # 2, why you think that I cannot be able to work in Malta. Until the time I get the work permit from Malta I will still be an employee of the Caribbean office (they will be paying my Salary). Malta office is our subsidiary office (i.e. 100% owned by the Caribbean office) why I can't work from Malta office on temporary basis (for couple of months only).

As a posted worker the following applies

While carrying out work in Malta an employee being posted from an EU/EEA country is not required to apply for a working licence in Malta. In the case of a third country national (TCN) employee who is employed by a posting undertaking that is established in an EU/EEA country, there is no need to go through a working licence procedure in Malta if such posted worker already holds a working licence issued in the country where the posting undertaking is established.

So unless you already have an undertaking to work in an eu/eea subsidiary you will need a work permit before you can work in Malta

https://dier.gov.mt/en/Employment-Condi … ation.aspx

As you are working from a Maltese office with Maltese employees illegally you should consider the option that your Maltes collegues might want your job !

But , apart from that , you are working in Malta illegally ! And thst can have serious impications for you and your company in the whole of Europe !

I would recommend getting legal advice from a company close to the Maltese government.  A lot goes in MAlta if you pay -)))

Cheers
Ricky

Thanks Ricky and Robpw2. I will talk to our HR manager to get clarity on that. Do you guys know about the intra corporate transfer regulation. I think EU passed this regulation in 2014 but not sure if Malta has adopted that yet or not? Also if you know the maximum term of the intra corporate transferee.

See the link below
http://www.consilium.europa.eu/uedocs/c … 142571.pdfhttp://eulawanalysis.blogspot.com/2014/ … orate.html

Regards,
Imran

Hi Imran,

yes, you can be 'posted' to Malta by your company.

Posted  workers,  that  is,  workers  who  are  usually  based  in  another  country  (EEA/Switzerland)  and who have an employment relationship with an employer in that country, but who are being ‘posted’ for a stipulated period to Malta, do not need an employment licence.  Although no employment licence is necessary,  the  firm  in  Malta  to which  the  employee will  be  posted  must  notify  the  Department  of Industrial  and  Employment  Relations  of  this  posting,  within  twenty-four  hours  of  commencement  of
work.    You  may  contact  the  Department  in  Melita  Street,  Valletta  or  on  telephone  number  00356 21224245

This is up to your company to sort out as you yourself cannot apply for a single residence/work permit in this case.

Cheers
Ricky

Thanks Ricky, but the problem here is that I am not from EEA / Switzerland. I am a TCN.
Does your response below applies to TCN as well?

Yes

The longest (and official) way is this:
1. You apply by post for a single permit application (or you come as a tourist and apply personally).
2. You receive the confirmation from Identity Malta that ETC approved the employment and you can come for residence permit application (second part of single permit application process)
3. You arrive in Malta, apply for residence permit, get a blue receipt and can start working. But it's not a visa - you cannot re-enter Malta with this paper
4. Your family arrive and apply for a residence permit as a family member. Although it said '2 years for family members' - in practice Identity Malta issue residence permits for family members.

Unfortunately, now Identity Malta doesn't accept Family Member applications together with the first application for employment license. But keep in mind that in Malta everything depends on personal communication, so your employer can arrange the process for you in a completely different way

Thanks a lot Ricky and Spiridonov.

You are all very helpful. I am thinking to involve the legal counsel to apply on my behalf. Do you know names of the legal firms / individuals who have expertise in the immigration / employment laws?

Hi TCN Expat,

If you are still looking for a local Counsel, a very good law firm here is:
Mifsud & Mifsud Advocates
123, Melita Street
Valletta. VLT 1123
Tel: (+356) 27237172
Fax: (+356) 27237314
E-mail:  info[at]mifsudadvocates.com.mt
Website:  www.mifsudadvocates.com.mt

You can get in touch with them on my behalf.

François